Can You Get Alimony If You Supported Your Spouse While He Went to College

[malafer]

My question involves a marriage in the state of:New Jersey

Married after high school, husband pre-med under grad, preceded on to med school. I worked and raised the children. He took out student loans and had part time employment some summers. I look like the bread winner on paper, but his income, once he finishes residency will quadruple. I put my education on hold for his, we counted on having his income to pay back the debt.

1. Do I have a shot at Alimony?
2. Which debt should I take? Rental House Mortgages (2), Student debt, Credit Card Debt?

[Mr. Knowitall]

See NJSA 2A:34-23(b) ("In all actions brought for divorce, dissolution of a civil union, divorce from bed and board, legal separation from a partner in a civil union couple or nullity the court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing the court shall consider, but not be limited to, the following factors:...")

By further amendment to N.J.S.A. 2A:34-23(b), effective September 13, 1999, the Legislature recognized two additional forms of alimony — reimbursement alimony and limited duration alimony. L. 1999, c. 199, § 1. The former, although not relevant here, is intended to compensate a spouse who has made financial sacrifices resulting in a reduced standard of living by enabling the other spouse to forego gainful employment while securing an advanced degree or professional license to enhance the parties' future standard of living. Mahoney v. Mahoney, 91 N.J. 488, 500-01, 453 A.2d 527 (1982). On the other hand, limited duration alimony, which is applicable here, "is not intended to facilitate the earning capacity of a dependent spouse or to make a sacrificing spouse whole, but rather to address those circumstances where an economic need for alimony is established, but the marriage was of short-term duration such that permanent alimony is not appropriate." Cox, supra, 335 N.J.Super. at 476, 762 A.2d 1040. "All other statutory factors being in equipoise, the duration of the marriage marks the defining distinction between whether permanent alimony or limited duration alimony is warranted and awarded." Id. at 483, 762 A.2d 1040.

[Foster_Foster]

Your second question is appropriate for a divorce attorney, not strangers, even if they had relevant info. At any rate, if you google "New Jersey divorce debt division" you'll get an idea that the court cares about general equity (that doesn't necessarily mean 50/50).

Please start consulting divorce attorneys if you think you're headed in that direction.

[malafer]

Clearly this is a site where we pose personal questions to strangers, is it not? I already have an attorney -- I am interested in other perspectives, and info from experienced members here. Do I misunderstand the purpose of this forum?

[Dogmatique]

Yes, you do.

You have an attorney - we cannot and will not second guess your attorney.

[Mr. Knowitall]

Clearly this is a site where we pose personal questions to strangers, is it not? I already have an attorney -- I am interested in other perspectives, and info from experienced members here. Do I misunderstand the purpose of this forum?

If a student loan is in your name, "not taking it" isn't really a choice. Your creditor is not going to release you. There are a lot of things you need to discuss with your lawyer, including what might happen if your spouse is made responsible for joint debts, or debts in your name, but later defaults or declared bankruptcy, taking secured vs. unsecured debts, taking debts that are or are not dischargeable in bankruptcy, taking debts that are or are not subject to a statute of limitations, and what limitations period applies, subjecting your credit report to the possibility that your ex- will be slow to pay or default upon debts in your name....

[malafer]

Thank you! I hadn't thought to ask some of these questions. Have you had any experience in reimbursement alimony? My lawyer says it is not common and is difficult to valuate.